K. RIACHHO Vs. STATE OF MIZORAM AND ORS.

JUDGEMENT

(1.) THESE two petitions under Article 226 of the Constitution of India by the same Petitioner Sri K. Riachho raise and involve the question of Petitioner's/seniority in service were heard together and are being decided by this common judgment.

(2.) THE Petitioner filed petition C. R 121 of 1986 (re -numbered 73 of 1990 Mizoram Bench) Challenging the seniority lists Annexures IV to Annexure VIII and claimed seniority above Respondents 6 to 23, on the allegations that the Petitioner belonged to Lakher minority community, an economically, socially and educationally most backward scheduled tribe In the State of Mizoram. The first written competitive examination was held for recruitment to various Class II posts under the Government of Mizoram in November, 1973. According to Government press release dated 9th April, 1974 (Annexure -1) successful candidates in the written test 120 from general category and 32 from minority community of Lakhers, Pawis and Chakmas were called for interview. For the minority communities two posts each were reserved. The Petitioner was placed first In the separate list of Lakhers for reserved scats Reserved lists for Pawis and Chakmas Were separately prepared. Thirty six persons from the general list were selected.

(3.) THE Petitioner further submitted that in the inter se seniority list of Group B (former class II) Officers holding civil posts in Schedule II of Mizoram Civil Service Rules 1977 published on 19.12.80 (Annexure -IV) the Petitioner was shown at sl. No. 44 and the persons Mentioned earlier who were, junior to him having had joined service after him were placed above him. The Petitioner raised objection Another final seniority list Was published on 11.7.81 (Annexure -V). The Petitioner's name was shown at sl. No. 41 Another seniority list was published on 8.6.83 (Annexure -VI). In which the Petitioner was shown at sl. No. 35. Again, another seniority list was published on 16.1.84 (Annexure -VII) which was the same as seniority list dated 8.6.83, yet another seniority list dated 29.7.85 (Annexure -VIII) was published cancelling the list dated 11.7.81 (Annexure V) and 8.6.83 (Annexure -VI) and declaring the seniority list dated 19.12.80 Annexure IV valid and final.